Table of Contents
Overview of Article 240 of the Constitution of Pakistan
The Constitution of Pakistan, established in 1973, is the fundamental legal document that governs the country. Within its comprehensive framework lies Article 240, a crucial provision that delineates the guidelines for appointments and conditions of service for individuals within the nation.
Article 240 States
240. Appointment to service of Pakistan and conditions of service
- Subject to the Constitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined-
- in the case of the services of the Federation, posts in connection with the affairs of the Federation and All- Pakistan Services, by or under Act of Majlis-e-Shoora (Parliament); and
- in the case of the services of a Province and posts in connection with the affairs of a Province, by or under Act of the Provincial Assembly.
Explanation:– In this Article, “All-Pakistan Service” means a service common to the Federation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of Majlis-e-Shoora (Parliament).
Key Points of Article 240 of the Constitution of Pakistan
- Constitutional Compliance: The cornerstone of Article 240 is its unequivocal alignment with the overarching principles laid out in the Constitution of Pakistan 1973. All decisions regarding appointments and conditions of service must adhere to these constitutional tenets.
- Federal vs Provincial Distinction: The article draws a clear line between the services of the Federation and those of the Provinces. For the former, including posts related to the Federation’s affairs and All-Pakistan Services, Majlis-e-Shoora (Parliament) plays a pivotal role in determining appointments and service conditions. Meanwhile, the Provincial Assembly takes charge for services at the provincial level.
- All-Pakistan Services Definition: This article provides an explanation of “All-Pakistan Service,” referring to services shared between the Federation and the Provinces. This may include services existing before a specified date or those created subsequently by the Parliament.
Crux of Article 240 of the Constitution of Pakistan
The essence of Article 240 lies in the meticulous balance it strikes between the federal and provincial domains. By placing appointments and service conditions under the scrutiny of the respective legislative bodies, the article ensures that the diverse needs and dynamics of both the Federation and the Provinces are adequately addressed.
The comprehensive nature of the article also underscores the adaptability of the constitutional framework, allowing for the creation of All-Pakistan Services to facilitate collaboration between different tiers of government. This adaptability is vital to meet the evolving demands of a nation as dynamic as Pakistan.
Conclusion: Article 240 of the Constitution of Pakistan
In conclusion, Article 240 of the Constitution of Pakistan stands as a testament to the nation’s commitment to constitutional governance and the rule of law. By clearly defining the spheres of influence for federal and provincial authorities in matters of appointments and service conditions, the article fosters a harmonious coexistence between various levels of governance.
The meticulous drafting of Article 240 showcases the foresight of the framers of the Constitution, providing a robust framework that ensures the rights and responsibilities of individuals in the service of Pakistan are upheld. As Pakistan continues to grow and evolve, the adaptability embedded within article remains a cornerstone, allowing the constitutional landscape to adjust to the needs of the nation.
Exploring the depths of the article offers not only a glimpse into the legal intricacies of Pakistan but also a profound understanding of the nation’s commitment to governance rooted in constitutional principles. As the constitutional journey unfolds, Article 240 remains a guiding beacon, shaping the trajectory of appointments and service conditions within the rich tapestry of Pakistan’s governance.